Under Virginia law, property owners owe folks a duty to maintain their property in a reasonably safe manner. That duty can vary depending on the type of visitor you are to the property, whether you’re a business invitee or a trespasser.

Property owners generally cannot maintain their premises negligently. They are responsible for trips, slips, and falls that people might experience as a result of a defective condition on their property. If someone is injured, a slip and fall lawyer can help them pursue damages for the losses their injuries cause them to suffer.

At Shapiro, Washburn & Sharp, we have been fighting for injured clients for over three decades and are committed to guiding you through this process and protecting your right to compensation. If you have been injured in a slip-and-fall accident, call 833-997-1774 for a free consultation.

What Constitutes a Slip and Fall Claim?

A slip and fall claim arises when someone is injured after slipping, tripping, or falling on another person’s property due to unsafe conditions. These claims are part of premises liability law, which holds property owners or occupiers responsible for maintaining a safe environment for visitors.

For a slip and fall claim to be valid, you must demonstrate that:

  • The property owner or manager had a duty to ensure the property was reasonably safe.
  • They breached that duty by failing to address or warn of dangerous conditions, such as wet floors, uneven surfaces, poor lighting, or hidden hazards.
  • The hazardous condition directly caused your fall and resulting injuries.
  • The property owner knew or should have known about the dangerous condition and failed to take appropriate action to fix it or warn visitors.

Slip and fall claims can occur in various locations, including grocery stores, parking lots, apartment complexes, and public spaces. It’s essential to prove that the property owner’s negligence, not your carelessness, was the primary cause of the accident.

What Types of Injuries Can Lead to a Slip and Fall Claim?

Slip and fall accidents can cause a wide range of injuries, some of which can have long-lasting consequences. Common injuries include:

  • Soft tissue injuries: Sprains, strains, and torn ligaments, particularly in the ankles, wrists, or knees.
  • Broken bones: Fractures in the arms, legs, hips, or ribs are common, especially in older adults.
  • Head injuries: Concussions or traumatic brain injuries (TBIs) can occur if you hit your head during the fall.
  • Back and spinal injuries: Slipped or herniated discs, spinal cord injuries, and chronic back pain can result from a hard fall.
  • Cuts and bruises: While often less severe, deep cuts or lacerations may require stitches and leave lasting scars.

The severity of your injuries plays a significant role in the value of your claim, as medical expenses, lost wages, and pain and suffering are critical components of the compensation you may be entitled to.

What Evidence Is Needed to Prove a Slip and Fall Claim?

To successfully prove a slip and fall claim, you need strong evidence demonstrating that the property owner’s negligence caused your accident. Key types of evidence include:

  • Photographs or videos: Take pictures of the hazardous condition (e.g., wet floor, broken step) immediately after the accident. If the property has surveillance cameras, request access to the footage.
  • Incident reports: If the accident occurred in a commercial or public space, report the fall to management or security and obtain a copy of the incident report.
  • Eyewitness statements: Collect contact information and statements from anyone who saw the accident or the unsafe condition that caused it.
  • Medical records: Documentation of your injuries, diagnosis, and treatment helps establish the link between the fall and your injuries.
  • Maintenance records: Evidence of the property owner’s failure to maintain the premises, such as inspection logs, repair requests, or violation notices, can support your claim.
  • Expert testimony: In some cases, safety experts or engineers may testify about how the hazardous condition violated safety standards and caused your accident.
  • Proof of damages: Keep records of your medical bills, lost wages, and any other financial losses related to the accident.

Preserving evidence is crucial, as property owners may quickly address the hazard to weaken your case. Acting promptly and consulting an attorney can ensure that critical evidence is gathered and preserved.

How Can You Strengthen Your Slip and Fall Claim?

To strengthen your claim, take these steps immediately after the accident:

  • Seek medical attention: Promptly visit a doctor, even if your injuries seem minor. Medical records serve as crucial evidence.
  • Report the accident: Notify the property owner or manager and file an incident report. Request a copy for your records.
  • Document everything: Take detailed notes about the accident, including the date, time, location, and circumstances. Include the type of hazard, such as a spilled liquid or damaged flooring.
  • Avoid self-blame: Be cautious about what you say, especially to the property owner or their insurance representatives. Avoid admitting fault or making assumptions about the cause of the accident.
  • Consult an attorney: An experienced slip and fall lawyer can assess your case, gather evidence, and negotiate with insurance companies to ensure you receive fair compensation.

What Should I Do If I’ve Been Injured in a Slip and Fall Accident?

If you’ve been injured due to someone else’s negligence, it’s important to explore all your options for seeking damages. At Shapiro, Washburn & Sharp, we are committed to getting you the compensation you deserve.

We offer free, confidential consultations and represent clients on a contingency fee basis, meaning you won’t pay any legal fees unless we recover compensation for you.

Contact our office today at 833-997-1774 to schedule your free case evaluation with one of our skilled personal injury lawyers and find out what legal recourse you may have.